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Facilities and Safety

Regulations Regarding Retailing, Commercial Soliciting, Canvassing, Sponsorship, and Marketing Activities on the Campuses of Purdue University (IV.B.3)

Volume IV: Facilities and Safety
Chapter B: Use of Facilities
Issuing Office: Executive Vice President and Treasurer
Responsible Officer: Executive Vice President and Treasurer
Responsible Office: Environmental Health and Public Safety
Originally Issued: August 1, 2004
Most Recently Revised: November 18, 2011

TABLE OF CONTENTS

Statement of Policy
Reason for Policy
Who Should Know This Policy
Related Documents
Contacts
Definitions
Application
Procedures
Special Situations
History

STATEMENT OF POLICY

Retailing, commercial solicitation, canvassing, sponsorship, and marketing activities of any product or service on campus is generally prohibited, except for the provisions contained in this document. Nothing contained herein shall be interpreted to limit the lawful and authorized or constitutionally protected use of University facilities.

REASON FOR POLICY

This policy has been developed (1) to provide consistent procedures to University departments and areas involved in various types of retailing, commercial soliciting, canvassing, sponsorship, and marketing activities on the campuses of Purdue University; (2) to enable the University to take advantage of revenue producing opportunities without compromising individual departments and areas; and (3) to clarify the policies and procedures relating to exclusive contracts and the use of campus facilities, territories, and venues to conduct retailing, commercial soliciting, canvassing, sponsorship, and marketing activities.

WHO SHOULD KNOW THIS POLICY

  • President
  • Provost
  • Administrative and Professional Staff
  • Executive Vice President and Treasurer
  • Chancellors
  • Vice Provosts
  • Deans
  • Vice Presidents
  • Directors /Department Heads / Chairs
  • Faculty
  • Business Office Staff
  • Clerical and Service Staff
  • All Students
  • Student Organizations

RELATED DOCUMENTS

Executive VP and Treasurer Memorandum No. A-19, March 7, 2000: Delegation of Authority and Responsibility for Making and Executing University Contracts and Written Agreements (Except Employment Contracts).

Position of Purdue University on the Sale of Goods and Services by Recognized Student Organizations for the West Lafayette campus, approved by VP Student Services and VP Business Services and Assistant Treasurer, November 29, 1976.

Executive VP and Treasurer Memorandum No. A-18, May 10, 1971: Approval of Fees and Charges.

CONTACTS

Subject Contact Telephone
Approval and Enforcement of Policy Executive VP and Treasurer 765-494-9705
VP for Business Svs. and Asst. Treasurer 765-494-9706
Conference Activities Director, Division of Conferences 765-494-5100
Contracts, Exclusive Rights, and Trademarks and Logos Director, University Contracting Group 765-494-9693
Food Stores and Vending Director, Food Stores 765-494-2017
Intercollegiate Athletics Facilities Director, Intercollegiate Athletics 765-496-1280
Approvals for Retailing, Commercial Soliciting, Canvassing, Sponsorship, or Marketing Activities Outside Specific Areas Director, Purchasing Services 765-494-7279
Purdue Memorial Union Facilities Director, Purdue Memorial Union 765-494-8901
Student Organizations Fiscal Administrator, Business Office for Student Organizations 765-494-6724
Associate Dean of Students, Student Activities and Organizations 765-494-1231
Territories and Venues Designated for Retailing, Commercial Soliciting, Canvassing Sponsorship, or Marketing Activities Director, Space Management and Academic Scheduling 765-494-3900
University Residences Facilities Executive Director, University Residences 765-494-1000
Enforcement of Trespass Violations Purdue University Police Department 765-494-8221
Policies for Calumet Campus Vice Chancellor for Administrative Services 219-989-2234
Policies for Fort Wayne Campus Vice Chancellor for Financial Affairs 260-481-6804
Policies for North Central Campus Vice Chancellor for Administration 219-785-5400

DEFINITIONS

Word Definition
Campus All real property owned or occupied by Purdue University including the West Lafayette and Regional Campuses.
University Purdue University.
Public Areas University Facilities which are open to orderly unsupervised access by faculty, staff, students and visitors (e.g. streets, sidewalks, lawn areas, malls, and designated portions of some University buildings and recreation areas during regular building hours).
Restricted Areas University Facilities where official University activities are carried out and which are not open public fora (e.g. offices, classrooms, laboratories, workplaces).
Person Any student, staff member or visitor.
Staff Member Any person, who is not a student, but who is employed temporarily or permanently, full or part-time, by the University in any capacity, including but not limited to, members of the faculty and members of the administrative-professional, extension, service or clerical staffs of the University.
Student Any person, who has registered in one or more undergraduate or graduate courses at the University, excluding, however, regular staff members who are enrolled in courses for less than eight semester hours credit in the spring or fall terms or less than five semester hours credit in the summer term.
Visitor Any person who is neither a student, faculty, or staff member.
Recognized Student Organization Any group of University students that has been granted formal recognition by the Office of the Dean of Students, as described in University Regulations, Part 7, Regulations and Procedures for Recognized Student Organizations.
Canvassing Any activity that involves a request or plea for contributions, opinions, and/or support related to political, charitable and/or religious organizations, initiatives or purposes.
Commercial Soliciting Any activity that involves a request or plea for contributions, opinions, and/or support which relates solely to the economic interests of the solicitor and/or his/her audience; including, but not limited to any employee organization that has been granted informal or formal recognition in accordance with Section 5 of the Purdue University Board of Trustees "Resolution Establishing Policies Concerning Employee Organizations."
Retailing Any activity involved in the sale of goods or services to ultimate consumers.
Sponsorship Any support for a project or activity by a person or an organization through either monetary or non-monetary contributions.
Marketing The process or technique of promoting, advertising, or distributing a product or service.
Non Profit Group For purposes of this document, a not-for-profit non-commercial agency qualified as a tax-exempt organization under Section 501(c)(3) of the Internal Revenue Code of 1954.

APPLICATION

These regulations are applicable to all students and staff members of Purdue University as well as all visitors entering the grounds of Purdue University, including the West Lafayette and Regional Campuses.

PROCEDURES

Section 1: CONTRACTS AND APPROVALS

University Contracting Group. The University through a contractual relationship may grant certain retailing, commercial soliciting, canvassing, sponsorship or marketing rights. All such contracts must be approved by the University Contracting Group unless approval responsibility is otherwise delegated by the Executive Vice President and Treasurer.

Exclusive Rights. Exclusive rights to a certain category of product or service may be granted with the approval of the Executive Vice President and Treasurer or designee. Any such exclusive right must be the subject of a written contract which will define any exclusive territory so granted. Departmental initiatives regarding any exclusive rights agreements are to be communicated to the Director, University Contracting Group, prior to contacting vendors.

Student Organizations. Contracts for recognized student organizations to conduct retailing, commercial soliciting, canvassing, sponsorship, or marketing activities must be approved by the Fiscal Administrator, Business Office for Student Organizations as delegated by the University Contracting Group.

Purchasing Services. The Director, Purchasing Services or designee is responsible for granting approvals for retailing, commercial soliciting, canvassing, sponsorship, or marketing activities outside the scope of the following areas: Intercollegiate Athletics, Housing and Food Services, Student Organizations and those activities outlined in Section 6. The Purchasing Services Department is available for consultation and discussion on matters relating to retailing, commercial soliciting, canvassing, sponsorship, or marketing activities on campus.

Vending. Campus vending is subject to territories and authority as defined by contracts administered by the Food Stores Department. These agreements generally preclude the retailing of consumable products in contracted territories.

Trademarks and Logos. When any retailing commercial soliciting, canvassing, sponsorship, or marketing activities involves the sale or distribution of products or materials bearing the trademarks or logos of the University, such products or materials must be approved by the Director, University Contracting Group or designee.

Section 2: ATHLETICS

General. Subject to compliance with all applicable University policies, the department of Intercollegiate Athletics (Athletics) may engage in retailing, commercial soliciting, canvassing, sponsorship, and marketing activities consistent with its mission in those facilities on the West Lafayette Campus under its control.

Facilities. Athletics' facilities are comprised of the following buildings and areas

  1. Mackey Arena
  2. Lambert Field house and Pool
  3. Intercollegiate Athletics Facility
  4. Mollenkopf Building
  5. Ross-Ade Stadium
  6. Varsity Tennis Courts
  7. Rankin Track and Field
  8. Lambert Baseball Field
  9. Varsity Softball Complex
  10. Intercollegiate Soccer Facility
  11. Birck Boilermaker Golf Complex

Facility Use. Use of Athletics' facilities by groups or individuals not affiliated with Athletics for the purpose of retailing, commercial soliciting, canvassing, sponsorship, or marketing activities is subject to the approval of the Director of Intercollegiate Athletics or designee, and must comply with all other applicable University policies.

Athletics' facilities are Restricted Areas and, as such, any individual or group wishing to conduct canvassing activity on or around Athletics' facilities must obtain prior written permission of the Director of Intercollegiate Athletics or designee and will be subject to reasonable time, place and manner restrictions consistent with the University's interest in maintaining the security of its students, staff members and visitors.

Section 3: HOUSING AND FOOD SERVICES
  1. PURDUE MEMORIAL UNION AND STEWART CENTER AREAS GOVERNED BY PMU

    Definition. The Purdue Memorial Union (PMU) organization includes the Purdue Student Union Board (PSUB) and the Black Cultural Center (BCC).

    General. PMU may engage in retailing, commercial soliciting, canvassing, sponsorship, and marketing activities consistent with its mission and subject to compliance with other applicable University policies.

    Facility Use. Use of PMU facilities (including the BCC and those portions of Stewart Center under PMU management) by groups or individuals not affiliated with PMU, for the purpose of retailing, commercial soliciting, canvassing, sponsorship, or marketing activities, is subject to approval by the PMU Director and must comply with all other applicable University policies.

    With the exception of certain, specifically designated Public Areas, PMU facilities are Restricted Areas and, as such, any individual or group wishing to conduct canvassing activity on or around PMU facilities must obtain prior written permission of the PMU Director or designee and will be subject to reasonable time, place and manner restrictions consistent with the University's interest in maintaining an appropriate educational environment and in protecting the security of its students, staff members and visitors.

  2. UNIVERSITY RESIDENCES

    Definitions
    University Residences are comprised of two classes of facilities:

    1. Dormitory style residences are defined as the undergraduate residence halls and graduate housing, which are secure buildings with regular building hours and the property on which these facilities are situated.
    2. Apartment style residences are defined as those residence halls which are more easily accessible to the general public and include Hilltop Apartments and Purdue Village and the property on which these facilities are situated.

    General

    1. Retailers, commercial solicitors and marketers are prohibited from conducting business in residential areas of University Residences, including posting advertisements on the residential floors and in stairwells, placing flyers and other items in resident boxes.
    2. Door-to-door retailing, commercial solicitation, and marketing is strictly prohibited in dormitory style residences.
    3. Any individual or group wishing to conduct retailing, commercial solicitation, and/or marketing activities door-to-door on or around the University's apartment style residences must first obtain prior written permission from the Executive Director of University Residences or his/her designee. The Executive Director of University Residences or his/her designee will condition approval on the applicant's agreement to reasonable time, place and manner restrictions consistent with the University's interest in maintaining an appropriate educational environment and in protecting the privacy and security of those students, staff members and other residents of apartment style residence facilities. If such activity disturbs the living or study environment of any facility or if an individual or group has been guilty of past misrepresentation, fraud, deceit, or unethical business conduct, the Executive Director may refuse to grant or may suspend permission on a permanent or temporary basis.

    Regulation of Other Commercial Activity

    1. Recognized student organizations may distribute information from a designated location in University Residences facilities provided that they have secured an approved Event Planning Form from the Office of the Dean of Students and prior written permission of the Executive Director of University Residences or his/her designee. The Executive Director may limit the time, place, and manner in which the organizations may operate.
    2. Other individuals or groups may post promotional materials (posters, flyers, coupons, etc.) in the central distribution areas of University Residences facilities if prior approval from the general manager of the facility has been secured.
    3. Individuals or groups may solicit subscriptions for magazines, newspapers, and other periodicals in specifically designated areas of University Residences provided that they obtain prior written permission of the Executive Director of University Residences or his/her designee. The Executive Director may limit the time, place, and manner in which canvassers may operate consistent with the University's interest in maintaining an appropriate educational environment and in protecting the privacy and security of the particular facility's residents. If such activity disturbs the living or study environment of any facility or if individual or group has been guilty of past misrepresentation, fraud, deceit, or unethical business conduct, the Executive Director may refuse to grant or may suspend permission on a permanent or temporary basis.
    4. The delivery of food or merchandise pursuant to a prior sale or order is permitted. Deliveries to dormitory style residence facilities must be made only to the main office of the facility unless the general manager specifically designates another delivery area. All persons making deliveries must enter the facilities through the front entrance. Deliveries may not be made to student rooms. Deliveries may be made to apartment style residence facilities.

    Regulation of Canvassing Activity

    1. Recognized student organizations may place collection boxes in the residence halls if a residence hall organization co-sponsors a charity event. Student organization charity activities must be conducted according to procedures outlined in Section 4.
    2. Individuals or groups may conduct canvassing activities in University Residences facilities provided that they have secured prior written permission of the Executive Director of University Residences or his/her designee. The Executive Director may limit the time, place, and manner in which canvassers may operate consistent with the University's interest in maintaining an appropriate educational environment and in protecting the privacy and security of the particular facility's residents.
Section 4: STUDENT ORGANIZATIONS

General Provisions. Recognized student organizations may engage in retailing, commercial soliciting, canvassing, sponsorship, and marketing activities with the written approval of the Office of the Dean of Students and the Business Office for Student Organizations. The recognition of student organizations and the approval of their programs and activities is the responsibility of the Office of the Dean of Students. The Business Office for Student Organizations has the responsibility for exercising financial oversight, including contract approvals, over all student organizations who must maintain accounts with that office. When student organization activities are conducted in Athletic facilities, University Residences, the Purdue Memorial Union or Stewart Center, the additional written permission of these facilities shall be obtained. Approved activities may be restricted as to time, place, and manner. Activities and fund raising events cannot be in direct conflict with on-going operations and existing University contracts and agreements.

All funds collected by recognized student organizations through retailing, commercial soliciting, canvassing, sponsorship, and marketing activities are to be handled in accordance with the policies and procedures as prescribed by the Business Office for Student Organizations. All funds collected must be deposited to an account established in the Business Office for Student Organizations. Sales activities must be conducted by the student organization and members must be present at all times during the sales activity.

Sponsorship of Student Organization Activities. Student organizations may accept sponsorship for programs or activities with the approval of the Office of the Dean of Students and the Business Office for Student Organizations.

Before any commitment is made to accept sponsorship, the student organization may need to secure a written contract with the sponsor and the contract must be approved by the Business Office for Student Organizations.

Retailing, commercial soliciting, canvassing, sponsorship, or marketing of a sponsor's product may be permitted at approved student organization activities. The University may set restrictions on this type of activity with regard to time, place, and manner. Approval to conduct retailing, commercial soliciting, canvassing, sponsorship, or marketing of a sponsor's product must be made in advance of the activity.

University Trademarks and Logos. Student organization activities involving the sale of products with the use of the name, insignia, or trademark of Purdue University must be approved by the Office of the Dean of Students prior to the date of the activity. Such items may also require the license authorization of Purdue University and the provision of payment of the royalty fee specified. The University Contracting Group is responsible for overseeing and administering policies on University trademarks, logos, and insignias.

Charities. Student organizations may raise funds or cash, goods, or gifts in kind on campus on behalf of a charitable organization under the following provisions.

  • The sponsoring student organization must provide a statement verifying that the charitable organization is organized and operated exclusively for charitable purposes as defined by the Internal Revenue Code, Section I-501(c)(3)-1(d)(2).
  • If such a statement of verification is not available in fundraising activities relating to disaster relief or human suffering, the sponsoring student organization must obtain prior approval from the Office of the Dean of Students.
  • Student organizations will be limited to three (3) periods of charity activities per semester not to exceed seven (7) consecutive days each. An additional charity activity will be permitted each semester to support the University's United Way initiative.
  • The University may set restrictions on this type of activity with regard to time, place, and manner.
Section 5: TERRITORIES

General. Certain campus locations have been designated as appropriate venues for retailing, commercial soliciting, canvassing, sponsorship and marketing activities. Use of these venues is controlled by University offices or departments with a direct interest or responsibility for these facilities, whether interior or exterior. Specific venues associated with Intercollegiate Athletics, University Residences, and the Purdue Memorial Union have been noted in Sections 2 and 3 of this policy. Questions regarding which office or department has responsibility for other campus venues should be directed to the Office of Space Management and Academic Scheduling.

Exclusive Territories. Certain venues have been designated as Exclusive Territories through contractual relationship. See Section 1.

Section 6: MISCELLANEOUS

Sales by Nonprofit Groups. Nonprofit groups whose activities are sponsored by University departments and coordinated by the Division of Conferences may, under certain conditions, conduct sales of publications and materials among its members and in assigned, restricted areas on campus, provided that:

  1. The group must be a not-for-profit non-commercial agency that has qualified as a tax-exempt organization under Section 501 (c) (3) of the Internal Revenue Code of 1954 as amended.
  2. The primary purpose of the sale is for the benefit of the nonprofit group and its members and contributes to the fulfillment of its educational objectives.
  3. The items sold will be restricted to publications and materials which relate to the group's educational objectives, and which are not readily available through University retail sales operations or local private business establishments.
  4. Sales will be restricted in scope to the members of the sponsored, nonprofit group.
  5. Sales will be restricted in location to non-public areas specifically assigned for this activity. A specific space-use charge will be assessed by the Division of Conferences, and this charge will never be less than the University's related direct costs. If such space and any equipment or other services related to the sales activity are arranged for by the Division of Conferences with the Purdue Memorial Union, these arrangements will be in accordance with the provisions and charges set forth in the Purdue Memorial Union and Stewart Center "Exhibit Policy."
  6. When the Division of Conferences' sales activities are conducted in Athletic facilities, University Residences, the Purdue Memorial Union, or Stewart Center, the additional written permission from these facilities shall be obtained. The approval from the Director of Purchasing Services is required for all sales activities conducted in or on any other University facility.
  7. This Section shall not apply to Purdue University recognized student organizations.

University Recognized Charities, University Related Clubs, and Professional Academic Societies. Staff members may, with the prior permission of the Vice President for Business Services and Assistant Treasurer, or designee, solicit on campus on behalf of charities officially recognized by the University; University-related social clubs; and professional and academic societies officially recognized by the University. Such permission may be restricted as to time, place and manner.

Rates and Fees. All fees and charges of any kind that are not covered by these regulations, must be approved by the Board of Trustees or the Executive Vice President and Treasurer or designee. Rates and fees charged by University areas are subject to the University rate approval process as outlined in the Purdue University Business Procedures Manual and Executive Vice President and Treasurer Memorandum A-18.

Regional Campuses. All authority granted under these regulations is conveyed to the appropriate academic, fiscal, or administrative officer of each Regional Campus. The Regional Campuses will use these regulations as the basis for developing supplemental guidelines to address retailing, commercial soliciting, canvassing, sponsorship, and marketing activities at each Regional Campus.

SPECIAL SITUATIONS

Exceptions. Exceptions to these regulations will require the prior written approval of the Executive Vice President and Treasurer or designee.

Enforcement. Enforcement authority is delegated by the Executive Vice President and Treasurer to the approving department or office as set forth in these regulations. Enforcement authority is also delegated to the University Police Department after consultation with approving department or office as set forth in these regulations. Violators will be subject to warning by University officials and/or the Purdue University Police Department. Subsequent contact shall be documented in writing and violators may be designated as "persona non grata." Continued or repeat violations may result in criminal arrest for trespass or other charges.

HISTORY

November 18, 2011: Policy number changed to IV.B.3 (formerly I.4.4).

October 13, 2008: Prior to October 2008, this policy was included as an appendix to policy I.4.1, Regulations Governing the Use and Assignment of University Facilities.

This policy supersedes Executive Vice President and Treasurer Memorandum No. A-27, dated July 10, 1975 on the Regulations Regarding Canvassing, Peddling, and Soliciting and the Delivery of Merchandise on the Campuses of Purdue University. The revised policy updates the language and terminology relating to canvassing, peddling, and commercial soliciting and also includes the current policy regarding exclusive contracts, territories, and trademarks and logos.